Id. L, Response to Interrogatory 1). California, 70 Cal.App.4th 1358, 83 Cal.Rptr.2d 388 (Ct.App.1999). The Court therefore GRANTS summary judgment for Defendants with respect to the claims for declaratory relief. Hernandez v. Hillsides, Inc., 47 Cal.4th 272, 97 Cal.Rptr.3d 274, 211 P.3d 1063, 1079 (2009) ([N]o cause of action will lie for accidental, misguided, or excusable acts of overstepping upon legitimate privacy rights.). Id. However, Plaintiff has misconstrued Defendants' position. (Dkt. Lookup the home address and phone 3098680309 and other contact details for this person Affiliated Hospitals. Year after year, Priority Sports has expertly managed the NBA Draft process to not only elevate the Draft stock of our clients, but also to ensure our clients are drafted by teams that provide them with the best possible platform to launch successful, long-term NBA careers. This case arises from the departure of a basketball sports agent from his old agency, Mark Bartelstein & Associates, Inc. d/b/a Priority Sports & Entertainment (Priority Sports), to join the Creative Arts Agency (CAA). Want to contact Mark Bartelstein? A nonmoving party cannot avoid summary judgment by relying solely on conclusory allegations that are unsupported by factual data. The plain import of this is that a plaintiff now must demonstrate some form of economic injury. Kwikset Corp. v. Superior Court, 51 Cal.4th 310, 120 Cal.Rptr.3d 741, 246 P.3d 877, 885 (2011). Getting to the top of your profession is extremely difficult; staying there is even tougher. Servs., Inc., 854 F.2d 1179, 1181 (9th Cir.1988). (Opp. Loss is defined as any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service. 18 U.S.C. All patient appointments are now taking place at the Rockefeller Outpatient Pavilion at 160 East 53rd Street in Manhattan. 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Specifically, Defendants do not dispute that at the direction of Priority Sport's senior counsel, a Priority Sports employee accessed Plaintiff's Gmail account without permission, and viewed the contents of several emails, including Plaintiff's employment agreement with CAA. Priority Sports has failed to identify any testimony from third parties attesting that Plaintiff made any of the alleged statements. Bartelstein further claims that prior to his resignation, Plaintiff failed to advise Priority Sports about (1) his communications with a prospective client named Mike Scott, (2) his attempted communications with prospective client Terrence Ross and his family; and (3) his communications with another prospective client, Rob Sacre. DENVER (AP) Sharpshooting forward Michael Porter Jr. has agreed to a five-year maximum extension with the Denver Nuggets that could be worth up to $207 million. In other words, a practice is prohibited as unfair or deceptive even if not unlawful and vice versa. Id., 83 Cal.Rptr.2d 548, 973 P.2d at 540. The class of 2020 is unlike any other. Id. Defendants argue that Plaintiff engaged in conduct that belied his expectation of privacy, but none of these contentions have merit. 7:30 PM ET. To make this assumption would constitute mere speculation. First, Defendants suggest that it was Plaintiff, not Priority Sports, who first divulged the terms of the CAA agreement to a third party named Josh Ketroser. The news comes as no surprise with McGowens on the edge of head coach Steve Clifford's rotation while rapidly approaching . Finally, Priority Sports fails to identify a single client that it lost as result of Plaintiff's failure to give notice. Because Plaintiff's claim under the ECPA fails as a matter of law, the Court GRANTS summary judgment in favor of Defendants. Everything anyone ever liked about the looks and feel of a Lexus is here. awards . There are 3 director records in this entity. (Counterclaim 93). Nor has Priority Sports pointed to evidence of how it may have been disadvantaged in this litigation by virtue of Plaintiff's anticipatory steps. (DUF 63). It was only afterward that Ketroser contacted Plaintiff, who confirmed the salary figures. It must be activated by the commission of an actual tort. On April 17, 2012, Priority Sports counterclaimed alleging that before and after his resignation, Plaintiff conspired with CAA to misappropriate Priority Sports' confidential information, to convert Priority Sports' clientele to CAA, and to breach the terms of Plaintiff's employment contract with Priority Sports. Mark Bartelstein Contact Information. This argument is frivolous. California. Accordingly, the Court proceeds to summary judgment. Our clients have secured some of the best contracts in the international basketball world. (Compl. Furthermore, the only place in the record any ostensible support is found is in the declaration of Mark Bartelstein. at *2. Music Managers. Priority Sports represents the following NBA athletes: Other NBA athletes represented by Priority Sports include Kyle Lowry, Joe Ingles,[17] Jabari Parker, Enes Kanter, [[DeMarre Carroll], [Jared Dudley]], Damion James, Brad Miller, Brian Grant, Bobby Simmons, Will Bynum, Mark Blount, Brian Cardinal, Michael Dickerson, Trenton Hassell, James Posey, Jannero Pargo, and Darius Songaila. He knew networking would be important. Adrian M. Pruetz, Paul Benedict Salvaty, Christopher Dacus, G. Jill Basinger, Lauren M. Gibbs, Glaser Weil Fink Jacobs Howard Avchen and Shapiro LLP, Los Angeles, CA, for Mark Bartelstein and Associates Inc. Anthony J. Oncidi, Robert H. Horn, Susan L. Gutierrez, Proskauer Rose LLP, Daniel Stephen Miller, Louis R. Miller, Miller Barondess, Los Angeles, CA, Christopher L. Williams, Proskauer Rose LLP, New Orleans, LA, for Aaron Mintz. Do Not Sell or Share My Personal Information; Contact Us; Monitor your investments 24 hours a day, around the clock from around the globe. (Def. Rather, an inference as to another material fact may be drawn in favor of the nonmoving party if it is rational or reasonable. United Steelworkers of Am. Plaintiff contends that Defendants violated the CFAA by hacking into Plaintiff's Gmail account. . The company's line of business includes providing full service legal advice. Aaron MINTZ v. MARK BARTELSTEIN AND ASSOCIATES INC. et al. The plaintiff brought a CFAA claim, alleging that it had expended more than $5,000 in investigating the extent of the breach and locating the perpetrator's IP address. Plaintiff may not now inject a new theory into the action at the summary judgment stage. Mark Bartelstein & Associates's Annual Report & Profile shows critical firmographic facts: (Counterclaim 110, 111, 113). Plaintiff attempts to skirt this problem by arguing that Priority Sports' conduct violated the Stored Communications Act (SCA), 18 U.S.C. It is undisputed that after the hacking incident, Plaintiff spent some time restoring his Gmail password and investigating who had hacked the Gmail account. Standing alone, a conspiracy does no harm and engenders no tort liability. Nowhere in the complaint does Plaintiff attempt to plead a claim under the SCA. (Compl. On March 23, 2012, Plaintiff Aaron Mintz (Plaintiff) filed the instant action against his erstwhile employer, Priority Sports, seeking a declaration under the Declaratory Judgment Act, 28 U.S.C. It is undisputed that the hacked Gmail account was a web-based, personal email account under the address, amintz 31@ gmail. Joshua Bartelstein Phone number. Our in-house marketing team will help you create endorsement opportunities. Plaintiff has presented evidence that he had a reasonable expectation of privacy in his personal emails. If the moving party meets its initial burden, the nonmoving party must identify specific facts, drawn from the materials on file, that show that an issue is genuinely disputed. Indeed, this conduct is so serious and offensive that the California legislature subjects the perpetrator to criminal liability under California Penal Code 502. The Court therefore turns to whether Plaintiff has suffered a substantial invasion of his privacy. Priority Sports next alleges that Plaintiff breached his duty of loyalty to Priority Sports. Todays Wordle #621 Hint, Clues And Answer For Thursday, March 2nd, AEW Dynamite Results: Winners And Grades On March 1, 2023, What Brands Need To Know: Social Marketing In 2023, Teslas Investor Day Is Long On Time, Short On Useful New Details, Biden Not Confident Supreme Court Will Uphold Student Debt Cancellation, Celta Vigo Star Gabri Veiga Is Alerting Wealthy Teams In The Premier League, RFK Killer Sirhan Sirhan Denied Parole For 16th TimeReversing 2021 Decision, Wednesday, March 1. [5], Priority Sports & Entertainment, fueled by its heavily sought-after client Gordon Hayward, was the big winner in 2017's NBA free agency, leading all agencies in the total dollars negotiated so far.[when?] 502(e)(1). BOSTON -- Celtics All-Star forward Gordon Hayward is unlikely to return during the 2017-18 season, his agent, Mark Bartelstein, . The Charlotte Hornets are converting two-way guard Bryce McGowens on a four-year, $7.4 million deal, his agents Mark Bartelstein and Kyle McAlarney of @PrioritySports tell ESPN. Gordon Hayward will become a free agent after declining his $34.2 million player option with the Celtics for the 2020-21 season, Hayward's agent Mark Bartelstein told ESPN's Adrian Wojnarowski. [T]he question in each case is whether the facts alleged, under all the circumstances, show that there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and realityto warrant the issuance of a declaratory judgment. Active Sports Lifestyle USA, LLC v. Old Navy, LLC, No. [48] MOTION for Summary Judgment as to All Counterclaims or, alternatively, MOTION for Partial Summary Judgment as to declaratory relief; violation of the Computer Fraud and Abuse Act; violation of the Electronic Communications and Privacy Act; violation of California Penal Code 502; invasion of privacy; unfair business practices under state law; and all counterclaims filed by Plaintiff and Counterdefendants Creative Artists Agency LLC, Aaron L Mintz; [56] MOTION for Partial Summary Judgment filed by Defendants and Counterclaimants Mark Bartelstein and Associates Inc. Thus, the Court GRANTS Plaintiff summary judgment on the breach of implied covenant counterclaim. 19); (Ketroser Decl. The Court held that these expenses qualified as a loss, reasoning that where the offender has actually accessed protected information, discovering who has that information and what information he or she has is essential to remedying the harm. Id. In response, Priority Sports proffers that it will prove at trial that Plaintiff made these statements. To remove that extant risk, it was necessary for the plaintiff to track down the perpetrator. (Mintz Decl. All content 2000-2023 RealGM, L.L.C. Feeling Lucky With Accel Entertainment (ACEL), Apple TV+ Is Looking Into Streaming More Live Sports, Neurodiverse Sports Fans Still Face Exclusion From Many Stadia, Study Shows, Warner Bros. Reeves v. Hanlon, 33 Cal.4th 1140, 17 Cal.Rptr.3d 289, 95 P.3d 513, 520 (2004) (internal citation and quotation marks omitted). Preliminarily, the Court notes that this claim is based in large part on the same factual allegations of misconduct discussed in the section above. Transp. This is not the first time in this Order that the Court has exposed clear misstatement of evidence by counsel for Priority Sports. Response to Pl. 2201, that two provisions of Plaintiff's employment contract with Priority Sports are unenforceable, namely a two-year non-compete clause and the requirement of fourteen days' written notice of termination. (DUF 712). 561) 1618). Instead, Defendants only argue that Plaintiff breached the notice provision by failing to give fourteen days' notice of his resignation. Disclose Confidential Business Information to persons not affiliated with the Company, including, without limitation, Company Competitors, without the Company's prior written consent; or. Our clients will tell you:the passion and energy we provide them and their families will surpass your highest expectations. The Court further finds that Plaintiff has experienced sufficient damage to support a private right of action. (Opp. Monthly rental prices for a two-bedroom unit in the zip code 60654 . A California parole board voted to release Sirhan from his life sentence two years ago, but Gov. starting lineup: Dumars, Horford and Hardaway, with an agent (Bartelstein) thrown in for good measure. A civil conspiracy, however atrocious, does not give rise to a cause of action unless a civil wrong has been committed resulting in damage. Applied Equipment Corp. v. Litton Saudi Arabia Ltd., 7 Cal.4th 503, 28 Cal.Rptr.2d 475, 869 P.2d 454, 457 (1994) (internal quotation marks omitted). . 1030(a)(4). In fact, Ketroser stated that after Plaintiff's resignation, Kenny Zuckerman, an employee of Priority Sports, first disclosed to Ketroser that he had accessed Plaintiff's email account and discovered that his salary at CAA would be less than at Priority Sports. 15). (DUF 712). We create opportunities for our athletes on and off the field, and in life beyond football. (Counterclaim 77(e)-(f)). California base as a point of contact for his many baseball talent contacts in the Latin American countries. Faced with the foregoing, no reasonable jury could find that the invasion was not an egregious breach of social norms. Defendants assert that Plaintiff removed and retained without permission property belonging to Priority Sports, including two boxes of documents, a laptop computer, and cell phone. I. To attempt to stave off summary judgment, Priority Sports cites a different example of Plaintiff's alleged misconduct. ( Id.). Regrettably, despite some recent progress, many top stadia are yet to offer sensory rooms to fans. You had a 50year guaranteed deal here. (DUF 15). Info: The Goldman . About Priority Sports & Entertainment Led by veteran sports agent Mark Bartelstein, Priority Sports & Entertainment represents NBA stars like Bradley Beal, Gordon Hayward and Kyle Lowry. The deal includes a fourth-year team option. Whether plaintiff has a reasonable expectation of privacy in the circumstances and whether defendant's conduct constitutes a serious invasion of privacy are mixed questions of law and fact. [Wojnarowski] The Charlotte Hornets are converting two-way guard Bryce McGowens on a four-year, $7.4 million deal, his agents Mark Bartelstein and Kyle McAlarney of @PrioritySports tell ESPN. II(B)). See also Multiven, Inc. v. Cisco Systems, Inc., 725 F.Supp.2d 887, 895 (N.D.Cal.2010) (awarding summary judgment to plaintiff where it provided evidence that it expended at least $75,000 investigating the intrusions into their network and restoring the security and integrity of Cisco's proprietary systems). All Rights Reserved. Only in limited circumstances have courts considered the cost of discovering the identity of the offender to be part of the loss under the statute. ( Id. C 0805780 JW, 2010 WL 3291750, at *4 (N.D.Cal.2010) (holding that the fact that plaintiff expended resources to stop further violations of 502 sufficed to establish damages, even if such resources only comprised a few clicks of a mouse and some keystrokes). Among those are. NBA Agent Client Lists - RealGM. The Priority Sports team creates opportunities for our athletes on and off the court, and in life beyond basketball. 2023 Forbes Media LLC. (Dkt. He only averred, however, that Plaintiff failed to inform him of communications or contacts with Scott, Ross, and Sacre prior to Plaintiff's resignation. According to Michael Scotto of The Athletic,. II 4755). SACV 12572 JVS (Ex), 2012 WL 2951924, at *2 (C.D.Cal. Principal Life Ins. V(B)). In reviewing Priority Sports' Counterclaim, it clearly relies on the same predicate acts that undergird the breach of contract claim. 2:12cv02554SVWSS, 2:12cv03055SVWSS. Moreover, Bartelstein's deposition testimony belies the contention that the lack of notice prevented Priority Sports from calling its clients. (DUF 12). Well build your image with the public in a positive way. Accordingly, no jury could find that this harmed Priority Sports. Keep going. Some feelings, Mark Bartelstein will never forget. (Ketroser Decl. On April 6, 2012, Plaintiff filed a separate complaint against Priority Sports and its principal, Mark Bartelstein (collectively, Defendants), alleging that following Plaintiff's resignation, Defendants had engaged in a course of illegal retaliatory conduct, which included acquiring unauthorized access to Plaintiff's personal emails, obtaining confidential information about the terms of Plaintiff's employment with CAA, and disclosing this information to third parties. Under the plain language of the statute, any amount of damage or loss may be sufficient. Facebook, Inc. v. Power Ventures, Inc., No. The Court therefore declines to grant summary judgment for Defendants on the UCL claim. Recruit Company employees for or on behalf of Company Competitors: 3. 2701(a)(1); (Reply at 5). Accordingly, Priority Sports requests a continuance pursuant to Rule 56(d)(2). Rumor on the street is that CAA is paying you less money over 4 years then [sic] you would have made here. Therefore, Plaintiff lacks standing to seek declaratory relief. (Counterclaim 100101). Section IV(D) states that Plaintiff may terminate his employment with the Company for any reason or no reason upon fourteen (14) days' written notice to the Company. ( Id. It is classified as operating in the Agents & Managers for Artists, Athletes, Entertainers & Other Public Figures industry. The worlds top-earning celebritiesincluding aging rock stars, the Simpsons creators and a Puerto Rican rap starmade more than $1.3 billion last year. Decl. Golf's Greatest Holes: Golfing legend Paul McGinley takes television presenter Chris Hollins on a tour of the best golf courses in Ireland and Northern Ireland. Specifically, when Bartelstein, Priority Sport's Person Most Knowledgeable, was asked, You can't identify any files that Mr. Mintz copied or deleted from Priority Sports, correct, you sitting here today cannot? Bartelstein responded, Correct. (Bartelstein Depo. [11] "Priority has represented 20 players, or 9.5 percent, of the first-round selections in the NBA draft over the past seven years. 20); (Ketroser Decl. Michael Harvey-Bray. This conclusion is bolstered by the Court's grant of summary judgment for CAA on the misappropriation counterclaim. Priority Sports misunderstands the purpose of summary judgment: now is the time to produce evidence. And negotiating the NBA contract that made John "Hot Rod" Williams the highest-paid player in the history of team sports. 18 U.S.C. D raft E xpress. Michael Perrett Priority Sports Staff 2022-09-01T13:13:22-05:00. at 147:516). Beyene v. Coleman Sec. breast imaging fellowship texas; difference between nescafe classic and taster's choice; billy bowden last match A). (Horn Supp. Accordingly, there is no basis to conclude that Plaintiff has personally suffered a loss as a result of the offense. Priority Sports alleges that Plaintiff admitted that he communicated with at least two recruits while at Priority Sports, Mike Scott and Terrence Ross, did not provide updated information to Priority Sports, and instead signed their deals at CAA. (Opp. of San Francisco, 441 F.3d 1090, 1100 (9th Cir.2006). Plaintiff also alleges that Defendants violated other subsections of 502, though these claims are superfluous to establish liability in this case. CAA now manages contracts that could be worth nearly $1 billion in commissions, leading a group of juggernaut agencies that are pulling away from their smaller rivals. Related by Industry: Basketball, Football, Located in Chicago-Joliet-Naperville, IL-IN-WI Metropolitan Area. California courts have similarly recognized an individual's protected privacy interest in his employment personnel file. (UF 57). Contact Name Mark Bartelstein; Contact Info Email Direct ; Job Title Founder & Chief Executive Officer ; Location . In light of the foregoing undisputed facts, the Court concludes that Defendants violated California Penal Code 502. Solicit Company Clients or business on behalf of a Company Competitor; 2. Why despite these efforts are employees continuing to remain emotionally detached in record numbers? What is Mark Ruffalo's phone number? Defendants simultaneously filed a Motion for Partial Summary Judgment as to their claims against Plaintiff for breach of contract and breach of the duty of loyalty. Michael Meisel. Milwaukee. Priority Sports contends that the lack of notice deprived Priority Sports of the opportunity to reach out to those of its clients who had worked with client-service teams that included Mintz and to secure its relationships with those clients before Mintz's departure was a fait accompli. (Opp. Plaintiff worked in Priority Sports' Los Angeles office for eleven years, from September 25, 2001 until March 23, 2012. Moreover, Priority Sports fails to identify any evidence creating any triable issue that Counterdefendants' behavior was unfair or fraudulent within the meaning of the UCL. With the tailwinds that drove the slot machine operators better-than-expected Q4 results persisting, a bet on its stock could pay off handsomely. C082147 TEH, 2008 WL 2264485, at *12 (N.D.Cal.2008). Priority led the pack with $354.6 million negotiated for nine players. 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